New York Laws
Article 14 - Airports and Landing Fields
356 - Protection of Approaches to Public Airport.

§ 356. Protection of approaches to public airport. 1. It is hereby
declared that a flight hazard within the flight hazard area as defined
in section three hundred fifty-five of this chapter endangers the lives
and property of users of the airport and of occupants of land in its
vicinity, and also, if of the obstruction type, in effect reduces the
size of the area available for the landing, taking off and maneuvering
of aircraft, thus tending to destroy or impair the public utility of the
airport and the public investment therein. Accordingly it is hereby
declared as a matter of public policy: (a) that the creation or
establishment of a flight hazard within such flight hazard area is a
public nuisance and an injury to the people and community served by such
public airport; (b) that it is, therefore, necessary in the interest of
the public safety, public health and general public welfare, that the
creation or establishment of such flight hazards be prevented; (c) that
this be accomplished to the extent legally possible under the
constitution of the state by exercise of the police power without
compensation, by the municipalities affected thereby under the authority
granted in the following subdivisions; (d) that where the application of
regulations promulgated under such police power in any particular case
would prove so unreasonable as in fact to constitute a taking of the
property affected, there is provided in section three hundred fifty-five
of this chapter authority for the expenditure by municipalities of
public funds for the acquisition of the fee or such lesser interest in
property as may be necessary and proper to abate such particular hazard
or prevent the creation of such hazard within the flight hazard area.

2. Any city, village or town having within its territorial limits any
part of a flight hazard area as defined in section three hundred
fifty-five of this chapter is hereby empowered by action of its
governing body after due notice and hearing to adopt, amend and enforce
regulations applicable within municipal limits for the protection of
persons and property within such flight hazard area. Such regulations
may divide such flight hazard area into different districts, and within
each such district may apply regulations which may differ as between
different districts, and may differ according to angles of elevation and
distances computed from the ends of the runway of such airport and from
the boundaries of approach and turning zones as may be required but
otherwise shall be uniform within districts of the same classification.
Such regulations may restrict and limit the height to which buildings or
structures may be erected or trees or other natural objects permitted to
exist or grow in such flight hazard area and shall conform so far as
locally practicable to such standards as may be promulgated and approved
by the Federal Civil Aeronautics Administration or its successor.

3. Where a public airport or any part of its flight hazard area lies
in one or more municipalities, upon the request of the municipality
owning such airport, any municipality affected thereby and empowered as
described above may by resolution duly adopted join with the
municipality owning such airport in the establishment of a joint airport
zoning board. Such board shall prepare appropriate regulations for such
flight hazard area of the character authorized in subdivision two of
this section and in accordance so far as locally practicable with such
standards promulgated and approved by the Federal Civil Aeronautics
Administration or its successor and shall recommend the adoption in any
municipality wherein any part of such flight hazard area is located of
such regulations as may be applicable within their respective municipal
limits. The cost of preparing, enacting, publishing and amending such
regulations as may be adopted by a municipality in accordance with the
recommendations of such joint board shall be charged to the requesting
municipality owning such airport or may be shared by the participating

municipalities in such other manner as may be recommended by such joint
board and mutually agreed to by each municipality affected thereby. Each
municipality joining in the creation of such joint board is hereby
authorized to appropriate moneys for its agreed upon share of the
reasonable cost of preparing, enacting, publishing and amending such
regulations.

4. In the event that a municipality has adopted, or hereafter adopts,
a comprehensive zoning ordinance as heretofore or hereafter authorized
by law, the provisions of this article governing the protection of
public airports and flight hazard areas may be deemed to be
supplementary to such general grant of power and any flight hazard area
regulations applicable to any part of the area of such municipality may
be incorporated in and made a part of such comprehensive zoning
regulations, and be administered and enforced in connection therewith by
the municipality within which the regulations in question are
applicable.

5. Any person aggrieved by any order or decision of an administrative
official charged with the enforcement of regulations adopted pursuant to
this section may appeal such order or decision within the time and in
the manner provided in the local zoning ordinance of that municipality
or otherwise provided by law, or in the absence of a zoning ordinance,
or if no board of appeals or other appellate body has been established
under such local zoning ordinance, may appeal such order or decision to
the governing board of that municipality. Any such appeal to a governing
board of a city, town or village shall be taken within sixty days after
the filing of such order or decision with the clerk of that
municipality; and shall be perfected, conducted and determined in
accordance with the respective provisions of the general city law, town
law or village law applicable generally to appeals from decisions
relating to zoning regulations, to the extent that such provisions can
be reasonably adapted to the proceedings of such governing board. Any
decision of such board of appeal, other appellate body, or governing
board of a city, town or village shall be subject to review by a
proceeding under article seventy-eight of the civil practice law and
rules in accordance with the respective provisions of the general city
law, town law or village law applicable generally to the judicial review
of decisions relating to zoning regulations.